Pramod Kumar @ Pramod v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40271 of 2019 Arising Out of PS. Case No.-96 Year-2019 Thana- MASAUDHI District- Patna ====================================================== PRAMOD KUMAR @ PRAMOD S/o Ganesh Prasad R/o villageMaharajchak, P.S.- Masaurhi, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-07-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Masaurhi P.S. Case No. 96 of 2019, instituted for the offence under Section(s) 395 of Indian Penal Code.

Counsel for the petitioner submits that in the instant case no Test Identification Parade has been held. The petitioner has been arrested merely on suspicion. It is alleged in the written report that on the date of occurrence on Masaurhi-Jehanabad N.H.-88 at about 12:30 night six persons with Bolero vehicle without number plate overtook the goods loaded truck of the informant. They after beating the driver, fled away with the truck. It is further alleged that one boy dragged the driver from his seat on the point of pistol. The other miscreants were calling name of Sahendra who

Patna High Court CR. MISC. No.40271 of 2019(2) dt.05-07-2019 2/2 in turn was calling the name of miscreants as Rampukar, Pramod (petitioner) and Rakesh. The miscreants snatched Mobile of the driver and tied his hands and legs and fled away with truck. They were talking in local dialect. In the light of truck the driver has identified them.

Counsel for the petitioner submits that petitioner was arrested merely on suspicion. He further submits that coaccused Shambhu Kumar has already been granted bail by coordinate Bench of this Court vide order dated 28.6.2019 passed in Cr. Misc. 39851 of 2019.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Masaurhi, in connection with Masaurhi P.S. Case No. 96 of 2019, subject to the condition that both the bailors will be close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T